Simon v. Epps

E. GRADY JOLLY,

dissenting in part:

Because Simon cannot satisfy the prejudice prong of Strickland, it is not necessary to assess whether his counsel’s performance was deficient and, consequently, the discussion of deficient performance in Part III A of the opinion is dicta. For this reason, I do not join part III A of the opinion. I fully concur in the remainder of the opinion.